R.L. Anand, J. - (1.) This is a civil revision and has been directed against the order dated 14th March, 2001, passed by the Court of Shri Mohinder Pal, Additional District Judge, Ropar, who, dismissed the appeal of the petitioner under Order 43 Rule 1 Civil Procedure Code and affirmed the order dated 8th January, 2001 passed by the Additional Civil Judge, Ropar, who had dismissed the application of the petitioner under Order 39 Rules 1 and 2 Civil Procedure Code.
(2.) In this case, the plaintiffs alleged that the suit property was earlier owned by their ancestors but the Gram Panchayat got the suit land wrongly mutated in its name. Some of the proprietors of the village filed a suit against the Gram Panchayat and the same was decreed on 9th December, 1958. Thereafter, the proprietors of the village were declared as owner in possession of the suit property and mutation in this regard was also reflected in the Jamabandi for the year 1964-65. Thereafter, the plaintiffs in the capacity of the proprietors remained in possession of the suit land as owners. Even in the latest jamabandi for the year 1994-95, the land in dispute was shown to be under their possession. The Gram Panchayat has no right, title or interest in the suit property but under the influence of influential persons, the Gram Panchayat is trying to interfere in the possession of the plaintiffs and it intends to auction this land. With this background, the plaintiffs have filed a suit for permanent injunction and along with the suit the plaintiffs filed an application under Order 39 Rules 1 and 2 Civil Procedure Code praying that during the pendency of the suit the defendant-Gram Panchayat be restrained from interfering in their possession.
(3.) Notice of the suit as well as the application was given to the Gram Panchayat which filed the reply and denied the allegations. According to the Gram Panchayat, the land in question is a shamlat deh and vests in the Gram Panchayat and in these circumstances, the jurisdiction of the Civil Court is barred. The plaintiffs are neither the proprietors of the village nor they have any concern with the land in question.;